Idaho State Statutes - Idaho Attorney Directory

AUTHORITY TO MAKE RULES REGULATING LARGE SWINE AND POULTRY
FEEDING OPERATIONS -- FINANCIAL ASSURANCES. (1) The state of Idaho is
experiencing the development of large swine and poultry feeding operations
which are inadequately controlled through existing state regulatory
mechanisms. If not properly regulated, these facilities pose a threat to the
state's surface and ground water resources. Due to existing rulemaking
authority, the department of environmental quality is in the best position of
all state agencies to modify its present rules and to make new rules to
develop an adequate regulatory framework for large swine and poultry feeding
operations.
(2) The department of environmental quality is authorized to modify its
existing administrative rules and to make new rules regulating large swine and
poultry feeding operations, as they shall be defined by the department. The
department is authorized to work with the Idaho department of agriculture in
the development of such rules.
(3) Owners and operators of swine and poultry facilities required to
obtain a permit from the department of environmental quality to construct,
operate, expand or close the facilities shall provide financial assurances
demonstrating financial capability to meet requirements for operation and
closure of the facilities and remediation. Requirements for financial
assurances shall be determined by the agency as set forth in rule. Financial
assurances may include any mechanism or combination of mechanisms meeting the
requirements established by agency rule including, but not limited to, surety
bonds, trust funds, irrevocable letters of credit, insurance and corporate
guarantees. The mechanism(s) used to demonstrate financial capability must be
legally valid, binding and enforceable under applicable law and must ensure
that the funds necessary to meet the costs of closure and remediation will be
available whenever the funds are needed. The director may retain financial
assurances for up to five (5) years after closure of a facility to ensure
proper closure and remediation, as defined by rule.
(4) Those swine facilities described in section 39-7905, Idaho Code,
shall meet the requirements of section 39-7907, Idaho Code, in addition to the
requirements of this chapter and the department of environmental quality's
rules regulating swine and poultry facilities, prior to the issuance of a
final permit by the director. The director shall require that swine facilities
be constructed in a phased manner over a period of time and that no additional
facilities be constructed until the director approves the associated waste
treatment system. The director may require that poultry facilities be
constructed in a phased manner over a period of time and that no additional
facilities be constructed until the director approves the associated waste
treatment system.
(5) Nothing in this section prohibits the boards of county commissioners
of any county or the governing body of any city from adopting regulations that
are more stringent or that require greater financial assurances than those
imposed by the department of environmental quality. A board of county
commissioners of a county or a governing body of a city in which a swine or
poultry facility is located may choose to determine whether the facility is
properly closed according to imposed standards or may leave that determination
to the department. This choice shall be communicated to the director in
writing when closure begins; provided that determinations of closure by a
board of county commissioners of a county or a governing body of a city in
which the swine or poultry facility is located shall not permit closure under
less stringent requirements than those imposed by the department.
(6) As used in this section:
(a) "Animal unit" means a unit equaling two and one-half (2.5) swine,
each weighing over twenty-five (25) kilograms (approximately fifty-five
(55) pounds), or ten (10) weaned swine, each weighing under twenty-five
(25) kilograms, or one hundred (100) poultry. Total animal units are
calculated by adding the number of swine weighing over twenty-five (25)
kilograms multiplied by four-tenths (.4) plus the number of weaned swine
weighing under twenty-five (25) kilograms multiplied by one-tenth (.1)
plus the number of poultry multiplied by one one-hundredth (.01).
(b) "Facilities" or "facility" means a place, site or location or part
thereof where swine or poultry are kept, handled, housed or otherwise
maintained and includes, but is not limited to, buildings, lots, pens and
animal waste management systems, and which has a one-time animal unit
capacity of two thousand (2,000) or more animal units.
(c) "Large swine and poultry feeding operations" means swine facilities
and poultry facilities having a one-time animal unit capacity of two
thousand (2,000) or more animal units.
(d) "One-time animal unit capacity" means the maximum number of animal
units that a facility is capable of housing at any given time.

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